A covenant not to sue is a covenant entered into by a party who had a cause of action at the time of making it, and by which he agrees not to sue the party liable to such action. Covenants of this nature, are either covenants perpetual not to sue, or covenants not to sue for a limited time; for example, seven years.
A covenant not to sue is not a release. The difference is one of intent and grows out of the construction placed on the terms of the instrument, since a covenant not to sue is not a present abandonment or relinquishment of a right or claim but merely an agreement not to enforce an existing cause of action, and, although it may operate as a release between the parties to the agreement, it will not release a claim against joint obligors or joint tortfeasors. In the case of a release, there is an immediate discharge, whereas, in the case of a covenant not to sue, there is merely an agreement not to prosecute a suit.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
When it comes to safeguarding the rights and interests of minor children in San Jose, California, parents have the option to sign a Covenant Not to Sue (CNS) agreement on their behalf. A CNS is a legal document that provides protection to organizations, establishments, or individuals against potential legal claims brought forth by parents regarding their minor child. In San Jose, California, there are different types of CNS agreements that parents may encounter based on specific circumstances. These may include: 1. School CNS: Educational institutions in San Jose commonly require parents to sign a CNS as a condition for enrollment. This agreement typically states that parents waive their right to sue the school for any injuries or incidents that may occur to their child while on the school premises or during school-related activities. 2. Sports/Recreational CNS: Parents who enroll their minor child in sports programs, local clubs, or recreational activities often come across CNS agreements. These agreements release the organization or individual running the program from liability in case of any injuries or accidents that may occur during the child's participation. 3. Medical CNS: Hospitals, clinics, and doctors in San Jose may request parents to sign a CNS before providing medical care or treatment to a minor child. This agreement is meant to protect healthcare providers from potential lawsuits arising from medical care, diagnosis, or related issues. 4. Special Events CNS: Parents may encounter CNS agreements when registering their child for special events, such as field trips, carnivals, or festivals. These agreements typically exempt the event organizers from liability in the event of any injuries or accidents sustained by the minor child during the specified event. Regardless of the type of CNS agreement, it is crucial for parents to thoroughly read and understand its contents before signing. It is recommended to consult with a legal professional to ensure their rights and the rights of their child are protected.When it comes to safeguarding the rights and interests of minor children in San Jose, California, parents have the option to sign a Covenant Not to Sue (CNS) agreement on their behalf. A CNS is a legal document that provides protection to organizations, establishments, or individuals against potential legal claims brought forth by parents regarding their minor child. In San Jose, California, there are different types of CNS agreements that parents may encounter based on specific circumstances. These may include: 1. School CNS: Educational institutions in San Jose commonly require parents to sign a CNS as a condition for enrollment. This agreement typically states that parents waive their right to sue the school for any injuries or incidents that may occur to their child while on the school premises or during school-related activities. 2. Sports/Recreational CNS: Parents who enroll their minor child in sports programs, local clubs, or recreational activities often come across CNS agreements. These agreements release the organization or individual running the program from liability in case of any injuries or accidents that may occur during the child's participation. 3. Medical CNS: Hospitals, clinics, and doctors in San Jose may request parents to sign a CNS before providing medical care or treatment to a minor child. This agreement is meant to protect healthcare providers from potential lawsuits arising from medical care, diagnosis, or related issues. 4. Special Events CNS: Parents may encounter CNS agreements when registering their child for special events, such as field trips, carnivals, or festivals. These agreements typically exempt the event organizers from liability in the event of any injuries or accidents sustained by the minor child during the specified event. Regardless of the type of CNS agreement, it is crucial for parents to thoroughly read and understand its contents before signing. It is recommended to consult with a legal professional to ensure their rights and the rights of their child are protected.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.